The 2nd U.S. Circuit Court of Appeals on Monday vacated part of a district court ruling involving an exemption to fire safety rules at the Indian Point 3 plant in the New York City suburbs. Robert F. Kennedy Jr., chief prosecuting attorney for Riverkeeper, called it "a turning point" that would "both protect and involve the public in key NRC health and safety decisions."

Brodsky, who argued the case himself, said the ruling "is the first big crack in the secret facade the NRC has placed over its decisions. ... There are literally thousands of these exemptions that have been issued in secret nationwide."

He said exemptions that might legally be implemented without public participation could include issues of plant security.